Could you sue Michael Jackson's doctor?
Posted: Wednesday 11 January 2012
The press love to comment on outlandish claims and Michael Jackson was a rich source of them during his lifetime. In fact, he is still proving so, even several years after his sad demise.
There are reports that French fans plan to sue his recently-convicted doctor, Conrad Murray, who was jailed in November over the performer's death in 2009, which they argue has caused them "emotional damage". The French claim is reported to focus around the similarities between their situation and the loss of a childhood friend in a traffic accident ("because this death affects you, you have the possibility to file a suit and seek compensation").
Whether the French courts will allow such a claim remains to be seen, but it is clear that Scottish fans who may feel similarly traumatised would not succeed.
Whilst s14 of the Damages Act 2011 extends the definition of relatives who may claim compensation following the death of a loved one to uncles and aunts, cousins, and nieces and nephews, it does not yet include mere passing acquaintances or those to whom one has only an unreciprocated emotional attachment. Furthermore, Dr Murray would not owe a duty of care to the millions of fans left distraught by the loss of their idol.
If you would like to discuss this case or any aspect of emotional damage you can contact our Personal Injury team by speaking in the first instance to John Barrie on 0131 247 1338 or john.barrie@morton-fraser.com .
